Hit a major snag... it may be over

[Anh map 2,098]

Same question as Mike, is this court ordered support?

[PurpleSky 19]

Hi Lori. I don't have much in the way of advice because everyone else has given you some good options. I just wanted to give you a big hug of support. I recently had to return to working for someone else after periods of being unemployed and trying to start my own business that didn't work out. I have to say though a lot of the stress I was feeling with having to find a cosponsor has been alleviated since starting this new job. I figure it's only a couple years that I'll have to sacrifice while we get on our feet as a family. That thought has made it a little easier to bear. Plus my honey will be here soon.

Good luck to you. I know you'll work it out. This is not the end.

[LoriT 16]

Thank you for the hugs.. really needed them. It may take a few years now.. but I'll get him over here somehow.

And yes, it is court ordered support. It is stated in the divorce decree.

[LoriT 16]

You say your Ex is paying the mortgage in lieu of child support and that the provision is voluntary - and therefore you can not claim it.

First, if the court ordered Child Support, (and I'll be amazed if they didn't), then you have a court order. You can provide additional documentation about the method of payment, i.e. the mortgage and document that he is meeting his court ordered responsibility in that method.

Second, if you don't have court ordered child support, go back and get it. Such things need to be done and the court that failed to provide for it was in error.

Third, if the mortgage is in excess of the court ordered amount, ask the court to ammend your divorce agreement to stipulate the payment of the mortgage as the means of support.

You are claiming a family of four, but you are not reporting the full income for it because you assume it is not reportable. It is. Just as the support might not continue if your ex dies, loses his income or just gets squirrelly, you might not have a job next year. The USCIS and the State Department are looking BACK, not forward. They know the future can not be perectly guaranted. The look back to get an indication of the future.

Fourth, for all those who aren't self employed, it is hard to understand the situation. her actual income was NOT what this person was reporting as her income. The gross business income is not her real income. Her real income is the business net after business expenses and dedcutons, which may account for 100% or more of the gross. In essense, her reporting the gross business income is meaningless. There may be no net, or next to none.

If the business is in the negative column, or close to it, close it. The 1600 + the second job ought to get you close and if the first is that much of a money loser, a new primary wage job will plug the hole - meaning a delay but not the end.

thank you so much for your advice. I have asked my ex to start emailing me receipts for his mortgage payments. This along with the court order for support, along with my business, plus my other job should put us well over the limit. I really appreciate your insight. You have helped to ease my mind a bit. Thanks again.

[Maxx121 14]

ok, im just trying to wrap my head around this, you receive roughly 20k a year in child support and it doesnt count as income? i get its not taxable, fine. but you should still have to report it on your taxes that you receive such a hefty amount of money. i get that he said you cant claim it but it has no effect on your bottom line at all?

[LoriT 16]

Yes, that is correct.

[Gary and Alla 3,694]

Thank you for all your input, it's really appreciated.

I've never claimed my child support because my CPA told me it wasn't necessary. And yes, I do write off quite a bit in business expenses. But I also pay several thousand dollars in taxes a year as well.

All I can do now is continue to work as much as humanly possible. Document all my income and deposits. Figure out a way to somehow get my ex to pay me instead of the mortgage. Work some more... and hope with all hope that somehow this will work out.

Thanks again.

Child support is not claimed on income tax because it is non-taxable. Your CPA is correct...for tax purposes. This is not for tax purposes. The child support IF it is court ordered IS income and it DOES count for the purpose of the affidavit. You state your total income and attach proof of income. attach a court order for child support and proof it is being paid. If you accept payment of your mortgage to satisfy that, then that is allowable also, prove it, that's all.

even a housing allowance is acceptable income (these are given for certain jobs, most often miltary people get them, they count as income) so your es paying your mortgage IS income. Just document it.

I am not accusing you of doing anything wrong, I was self employed and did the same thing. It is perfectly legal and acceptable but looks bad on paper.

[Gary and Alla 3,694]

ok, im just trying to wrap my head around this, you receive roughly 20k a year in child support and it doesnt count as income? i get its not taxable, fine. but you should still have to report it on your taxes that you receive such a hefty amount of money. i get that he said you cant claim it but it has no effect on your bottom line at all?

It does NOT get reported on income tax forms. It is not taxable and there is no place to enter it as income. Other forms of income not claimed (but that DO count for affidavits) are Workman's Compensation, military combat pay, housing allowances.

She should combine her job income with her child support and claim that as her total income on the I-134. Seems to me you easily qualify.

Yes, that is correct.

You are good to go. Sleep well.

Edited October 12, 2010 by Gary and Alla

[LoriT 16]

Child support is not claimed on income tax because it is non-taxable. Your CPA is correct...for tax purposes. This is not for tax purposes. The child support IF it is court ordered IS income and it DOES count for the purpose of the affidavit. You state your total income and attach proof of income. attach a court order for child support and proof it is being paid. If you accept payment of your mortgage to satisfy that, then that is allowable also, prove it, that's all.

even a housing allowance is acceptable income (these are given for certain jobs, most often miltary people get them, they count as income) so your es paying your mortgage IS income. Just document it.

I am not accusing you of doing anything wrong, I was self employed and did the same thing. It is perfectly legal and acceptable but looks bad on paper.

Sorry I got a bit defensive. There were a couple of posts today that hit me the wrong way. I really appreciate your direct, honest answers to all of my questions. My ex is now going to email me copies of his mortgage payments. That attached to the divorce decree should be sufficient to show that it is being paid. Also copies of bank statements showing my deposits from my business. A letter and pay stubs from my other job as well. Also a letter from my fiancé's future employer. As you have told me in the past, London is not a difficult consulate. I just have to believe that they will put all the pieces of my application together and see that I am able to support Colin. We haven't filed our I-129 yet, so we have plenty of time to get everything together. Thank you again for all your help. You have helped answer so many of my questions and I really appreciate it.

[Gary and Alla 3,694]

Sorry I got a bit defensive. There were a couple of posts today that hit me the wrong way. I really appreciate your direct, honest answers to all of my questions. My ex is now going to email me copies of his mortgage payments. That attached to the divorce decree should be sufficient to show that it is being paid. Also copies of bank statements showing my deposits from my business. A letter and pay stubs from my other job as well. Also a letter from my fiancé's future employer. As you have told me in the past, London is not a difficult consulate. I just have to believe that they will put all the pieces of my application together and see that I am able to support Colin. We haven't filed our I-129 yet, so we have plenty of time to get everything together. Thank you again for all your help. You have helped answer so many of my questions and I really appreciate it.

Sleep well. Good luck with your business. bad news...now you have to worry about something else.

[Anh map 2,098]

Gary's got you straight on the child support.

Did you look at the info from the London Embassy website link that I posted in your other thread (New and Terrified)? It tells you what the CO will be expecting.

[SuperDuper! 230]

OP, you are getting 17 "Great Answers" here, including advice to "sleep well."

We advise you to get the counsel from a qualified attorney, and do it right.

[soulprovider915 4]

We've hit a major major snag and things may have to be called off because of it. Even though I work 7 days a week at 2 jobs and get a hefty child support payment a month, I still don't make enough for a family of 4.

I am self employed. This year I will make about $23,000.00. I also work another job that I make about $15,000.00 a year at. I also get $1600.00 a month in child support. Yep, sounds great doesnt it? Here's the problem:

1. Because I am self employed I have to count my income as what I make AFTER business expenses. Well, when you are self employed there are A LOT of expenses. So that cuts that income in about half.

2. My ex pays my mortgage every month instead of giving me the cash directly. It's a verbal agreement we have. He has written a letter stating that he is obligated to pay me $1600.00 a month but in lieu of cash, he pays the mortgage. It has been signed by both of us an notarized. But because of this I cannot count his support as income.

3. Even though I technically make over $50,000.oo a year I still don't make the $125% over poverty to support a family of 4.

4. I am an only child so I have no siblings who would co-sponsor. And my parents are retired and wouldnt even cosign a car loan for me. They've always been the type of parents who insist on me making it on my own.

My fiance and I are devastated. If anyone has any suggestions, please help. I don't want to lose this dream because of this.

thank you,

Lori

Hi, I'm self employed and I had to go through this. It's almost the end of the year. Take most of your expenses and throw them out the window for this year's taxes and get yourself above the 125% poverty line. You'll pay more in taxes, but your love for each other is strong so it won't matter. File ASAP in January or February and there you go. If you can't afford the extra taxes make a payment plan with the IRS. I've done this many times and they have never given me a problem. The government is not going to care if you give them more money. You're not obligated to report all of your expenses, just all of your income. If you do this you'll have no problem. I've done it with great success. You'll have your future spouse's income when he arrives here. Live your dream!!!

[Gary and Alla 3,694]

Hi, I'm self employed and I had to go through this. It's almost the end of the year. Take most of your expenses and throw them out the window for this year's taxes and get yourself above the 125% poverty line. You'll pay more in taxes, but your love for each other is strong so it won't matter. File ASAP in January or February and there you go. If you can't afford the extra taxes make a payment plan with the IRS. I've done this many times and they have never given me a problem. The government is not going to care if you give them more money. You're not obligated to report all of your expenses, just all of your income. If you do this you'll have no problem. I've done it with great success. You'll have your future spouse's income when he arrives here. Live your dream!!!

That's fine, but not necessary. You do not qualify on last years income. You qualify with current income. There is no need at all for the government to get money they did not earn in order for her to appear to make more than she did.

For example, lets say you were self employed all of 2010 and do your taxes in February and write off ALL your income and show a loss. THEN in March you get a regular job making $45,000 per year and fill out the I-134 in April. What is your current income in April? $45,000 per year. What does last year's loss have to do with anything? Nothing. Or you can show a profit in April from your business when you do the I-134. The number of people that get visas approved now when they had very low income the year before is huge... alomost all students, for example. Student last year, employed in a job this year. Making $40,000 this year...-0- last year. No problem.

Seems like the OP has it well under control. She should answer that she is self employed and combine all her forms of income to arrive at the statement of her current annual income and then attach documentation of each.

I would advise her against paying more in tax than needed.

[Maxx121 14]

She should combine her job income with her child support and claim that as her total income on the I-134. Seems to me you easily qualify.

You are good to go. Sleep well.

that makes a whole hell of alot more sense, i never had to deal with child support but if your getting 20k a year in it and its not considered as some sort of income thats bull.

Glad to know that things will work out for you and yours

Theres always a way, just gotta find it.